must I refund deposit on a vehicle not purchased?

[kenth]

I live in New Hampshire. I advertised my motorcycle on the internet and got a response and the potential buyer came and looked at the bike. She said she wanted it and asked me to hold it until she came up with a down payment, which I did. She paid $500 down on the cycle to hold it, leaving a balance due of $500, which was to be paid the following month. Time went by - no payment, but then I get an email saying she has financial problems and won't be able to pay the balance due and she wants her down payment refunded. All negotiations were either verbal or by email, and it was never stated that the down payment was refundable or non-refundable. There was never a bill of sale or receipt made for the down payment or balance due. My question is: Am I legally obligated to refund her deposit/down payment on the bike? Thanks for your time and help!

 

[lawrat]

I see the $500 as a liquidated damage. You keep it because she paid it to HOLD THE ITEM FOR YOU.
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.